SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019, seeking direction against the OPs to give Rs.1,00,000/- and also pay compensation to the complainant.
Complaint in brief :-
According to the complaint, on 30/3/2023 complainant given a cheque of Rs.1 lakh to the staff of OP in order to purchase TVS Jupiter bike. The said cheque was encashed on April 4th and OP assured that the bike will deliver on April 13th. But the bike was not delivered yet and complainant contacted OP, but OP refused to deliver the bike as the show room locked forever and replied that he will not repay the amount which he collected from complainant. The complainant took loan from Co-operative Bank Valiyannur in order to purchase the said bike from OP and the complainant is paying interest to the amount. Even after , the payment of full consideration, complainant is not able to enjoy the service of OP. Hence this complaint.
After filing the complaint, notice issued to both OPs. The both OPs received the notice and not appeared before the commission and not filed any version. The commission had to hold that the OPs have no version as such in this case came to be proceed against the OPs as set exparte.
Even though, the opposite parties have remained ex-parte, it is for the complainant to establish the allegations made by him against the OPs. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 4 documents marked as Exts.A1 to A4. Ext.A1 is the copy of account statement, Ext.A2 is the copy of cheque leaf. Ext.A3 is the copy of quotation and Ext.A4 is the proforma invoice. The complainant was examined as PW1. So the OPs remain absent in this case. At the end the commission heard the case on merits.
Let us look in to the documents produced from the side of complainant since the OPs remained exparte even if they had given fair chance to defend the case. Ext.A4 dtd.24/3/2023 prove that complainant approached OPs to purchase Jupitor base worth Rs.1,00,000/- as the invoice was issued from OP’s show room. The Ext.A3 proves the averment of complainant that he took a loan from the Valiyannur Co-operative bank and the latter issued a letter to OP dtd.30/3/2023 intimating that they sent cheque of Rs.1,00,000/- in the name of Ignite motors. The complainant had also produced the copy of cheque(Ext.A2) dtd.30/3/2023 bearing No.262267 of Rs.1,00,000/-. From all these it is clear that the averment of complainant regarding the vehicle loan and depositing Rs.1,00,000/- to OPs are true. Hence the commission came into a conclusion that it is grave case of deficiency in service from the part of both OPs even after the payment of full consideration by complainant and thereby the OPs are jointly and severally directed to pay Rs.1,00,000/- which is the Ext.A2 cheque amount and also pay compensation and cost to the complainant.
In the result the complaint is allowed in part. The opposite parties are jointly and severally directed to pay Rs.1,00,000/- and also pay Rs.15,000/- as compensation and cost of litigation to the complainant within 30 days of receipt of this order. In default the amount of Rs.1,00,000/- carries 10% interest per annum from the date of order till realization, failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts:
A1-Copy of account statement
A2- Copy of cheque leaf
A3- Copy of quotation
A4- copy of proforma invoice
PW1-Prajeesh .K.P- complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva /Forwarded by Order/
ASSISTANT REGISTRAR
